5P-2.010. Civil Rights Compliance and Enforcement

(1) Other Federal Requirements. All Sponsors must comply with the following requirements:

(a) Title VI of the Civil Rights Act of 1964, effective July 2, 1964, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15755;

(b) Americans with Disabilities Act of 1990, effective July 26, 1990, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15756;

(c) American with Disabilities Act Amendment Act of 2008, effective January 1, 2009, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15757;

(d) Title IX of the Education Amendments of 1972, effective June 23, 1972, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15758;

(e) Section 504 of the Rehabilitation Act of 1973, effective September 26, 1973, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15759;

(f) Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), effective in 1998, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15760;

(g) The Age Discrimination Act of 1975, effective November 28, 1975, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15761;

(h) The Civil Rights Restoration Act of 1987, effective March 22, 1988, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15762;

(i) The Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964 at 28 CFR 50.3, revised as of July 1, 2021, and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-15763; and

(j) USDA’s regulations concerning nondiscrimination in 7 CFR parts 15, 15a,15b and 16, incorporated in Rule 5P-2.001, F.A.C.

(2) Materials in paragraphs (1)(a)-(i) above may also be obtained by email request to the Department at [e-mail].

(3) Limited English Proficiency. Sponsors must take reasonable steps to assure meaningful access to the information and services they provide as required FNS Instruction 113-1 FNS-620 (1-99), incorporated in Rule 5P-3.002, F.A.C. Reasonable steps to assure meaningful access shall be assessed based on the following factors:

(a) The number or proportion of persons with Limited English Proficiency eligible to be served or likely to be encountered by the Sponsor’s School Nutrition Program;

(b) The frequency with which individuals with Limited English Proficiency come in contact with the Sponsor’s School Nutrition Program(s);

(c) The nature and importance of the Sponsor’s School Nutrition Program(s) to people’s lives; and

(d) The resources available to the Sponsor and costs.

(4) Effective Communication.  Sponsors must provide aids and services when needed to communicate effectively with applicants, participants, and potentially eligible persons of their program who have communication disabilities to ensure that the persons with a vision, hearing, or speech disability can communicate with, receive information from, and convey information to, the Sponsor unless doing so would result in significant difficulty or expense with regard to the nature and cost of the aid or service relative to the Sponsor’s size, overall financial resources, and overall expenses. If a particular aid or service would result in significant difficulty or expense, the Sponsor must provide another effective aid or service, if possible, that would not result in significant difficulty or expense.

(a) Sponsors are not required to provide any particular aid or service in rare circumstances where it would fundamentally alter the nature of the services provided to the public; however, Sponsors are required to accept telephone calls placed through Telecommunications Relay Service (TRS) and Video Relay Service (VRS), and staff who answer the telephone must treat relay calls just like other calls.

(b) Sponsors must consider the nature, length, complexity, and context of the communication and the person’s normal method(s) of communication as well as with that person’s parent, spouse, or companion in appropriate circumstances. The term “companion” includes any family member, friend, or associate of a person seeking or receiving services who is an appropriate person with whom the Sponsor should communicate. The Sponsor shall provide effective communication, including the use of interpreters.

(c) Sponsors cannot require a person to bring someone to interpret for him or her. A Sponsor can rely on a companion to interpret in the following situations:

1. In an emergency involving an imminent threat to the safety or welfare of an individual or the public, an adult or minor child accompanying a person who uses sign language may be relied upon to interpret or facilitate communication only when a qualified interpreter is not available; or

2. In situations not involving an imminent threat, an adult accompanying someone who uses sign language may be relied upon to interpret or facilitate communication when the individual requests this, the accompanying adult agrees, and reliance on the accompanying adult is appropriate under the circumstances. This exception does not apply to minor children. Sponsors may not rely on an accompanying adult to interpret when there is reason to doubt the person’s impartiality or effectiveness.

(d) Sponsors are encouraged to consult with the person with a disability to discuss what aid or service is appropriate. Sponsors may require reasonable advance notice from people requesting aids or services, based on the length of time needed to acquire the aid or service, but may not impose excessive advance notice requirements. “Walk-in” requests for aids and services must also be honored to the extent possible.

(e) Sponsors must provide comprehensive and ongoing training to staff interacting with participants regarding the Americans with Disabilities Act (ADA) requirements for communicating effectively with people who have communication disabilities.

(5) Public Notification. Each Sponsor must take specific action to inform applicants, participants, and potentially eligible persons of their program rights and responsibilities and the steps necessary for participation. 

(a) Sponsors must advise applicants and participants at the service delivery point of their right to file a complaint, how to file a complaint, and the complaint procedures. 

(b) All information materials and sources, including websites, used by the Sponsor to inform the public about the School Nutrition Programs must contain a nondiscrimination statement. At the minimum, the nondiscrimination statement, or a link to it, must be included on the home page of the program information.

(c) Each Sponsor must take the following actions to inform the general public, potentially eligible populations, community leaders, grassroots organizations, and referral sources about the School Nutrition Program(s) and the applicable Civil Rights requirements:

1. Prominently display the applicable USDA nondiscrimination poster "And Justice for All," or an FNS approved substitute;

2. Inform potentially eligible persons, applicants, participants, and grassroots organizations (particularly those in underserved populations), of the School Nutrition Program(s) or changes in School Nutrition Program(s). This includes information pertaining to eligibility, benefits, and services, the location of local facilities or service delivery points, and hours of service. This information shall be communicated by methods including, but not limited to, Internet, newspaper articles, radio and television announcements, letters, leaflets, brochures, computer-based applications, and bulletins;

3. Provide appropriate information, including web-based information, in alternative formats for persons with disabilities;

4. Include the required nondiscrimination statement on all appropriate School Nutrition Program publications, websites, posters, and informational materials provided to the public; and 

5. Convey the message of equal opportunity in all photographic and other graphics that are used to provide School Nutrition Program or program-related information.

(6) Civil Rights Training. Sponsors are responsible for training their staff who interact with program applicants and participants. Staff who interact with program applicants or participants and persons who supervise those staff, must be provided civil rights training on an annual basis by the Sponsor. Specific subject matter must include, at a minimum, the collection and use of data, effective public notification systems, complaint procedures, compliance review techniques, resolution of noncompliance, requirements for reasonable accommodation of persons with disabilities, requirements for language assistance, conflict resolution, and customer service.

(7) Data Collection and Reporting.  The collection and reporting of data on the actual number of children applying for free and reduced-price meals or free milk, by ethnic or racial group, is required by Department of Justice (DOJ) Regulations, 28 CFR 42.406, revised as of July 1, 2021, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/gateway/reference.asp?No=Ref-15823, and by email request to the Department at [e-mail].

(a) Sponsors must develop a method for data collection. Methods include determination of the information by a school official through personal knowledge or voluntary self-identification by an applicant on the free and reduced-price meal or free milk application. The Department may also use data or information collected by other Federal agencies and the Florida Department of Education. Sponsors must maintain this information on file for three (3) years.

(b) Sponsors must establish procedures to ensure that the information is made available only to authorized State and Federal personnel as requested, or as part of Office of Management and Budget (OMB) approved surveys.

Rulemaking Authority 570.07(23), 595.404(4), 595.404(10), FS. Law Implemented 595.404, FS. History-New 9-5-23.